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Is there an ideological divide in immigration and refugee system?

posted Dec 2, 2011, 12:36 PM by Milorad Borota   [ updated Dec 2, 2011, 1:20 PM ]
Research hints judges' decisions correlate with the party that appointed them
 
By Don Butler, Postmedia News November 26, 2011 Vancouver Sun

Federal Court of Canada judges appointed by Conservatives are significantly less likely to overturn decisions by government officers and tribunals, to deny refugee claims or deport non-citizens, than are judges appointed by past Liberal administrations.

And an applicant's likelihood of success diminishes even further if the appeal or review of their case is heard by judges named to the court in the past three years by Prime Minister Stephen Harper.

The findings come from an Ottawa Citizen analysis of 480 refugee, immigration and citizenship decisions posted to the Federal Court's website in the first six months of this year. Along with similar findings in academic research, they raise troubling questions about the degree to which the court is delivering consistent justice to those who rely on Canada's immigration and refugee processes.


Read the whole article...

See also:

ow refugees & immigrants
 
Federal Court judges review a variety of refugee, immigration and citizenship decisions, though only a small number ever come under the court's scrutiny. Here's an overview of their path to the Court and beyond
 
Ottawa Citizen November 26, 2011

Kenney comments may be attempt to erode judicial independence, experts say
By Don Butler, Postmedia News November 27, 2011 Canada.com
OTTAWA - When Immigration Minister Jason Kenney complained earlier this year that ``intrusive and heavy-handed'' Federal Court judges were frustrating the government's efforts to deport failed refugee and immigration claimants, the Canadian Bar Association fired back

Chill of ministerial comments erodes independence of Immigration and Refugee Board, former chair says
By Don Butler, The Ottawa Citizen November 29, 2011
OTTAWA — The Immigration and Refugee Board describes itself as Canada’s largest independent administrative tribunal. But according to a former IRB chair, the board’s independence appears to be eroding.
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